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Home My WebLink About1999-08-18 Conservation Commission Minutes Conservation Commission Minutes DPW Conference Room August 18, 1999 Members Present: Albert P Manzi,Jr , Chairman, Scott Masse, Vice Chairman, Joseph Lynch,Robert Mansour,Deborah Feltovic and Beth Wescott. John Mabon arrived at 7.25 p in Staff Present. Richelle L Martin, Conservation Administrator, Brian LaGrasse, Conservation Associate and Karen A Fitzgibbons, Secretary The meeting was called to order at 7 00 p m General Business: 242-820 Partial Bond Release—Salem Forest IV (John McGarry) An OOC was issued on 10/16/96 authorizing construction of a roadway, utility installation, grading, detention pond(s) and construction of two single family homes (lots 1 & 5)within 100' of a Bordering Vegetated Wetland A one year extension was granted and the office is in receipt of an RPLS stamped roadway as-built and an interim as built of the replication area The detention area has been hydroseeded and has begun to germinate. The bond is $60,000 Mr Lynch made a motion, seconded by Ms Feltovic, to release the bond by $15,000, retaining all other funds The vote of the Commission was unanimous 242-820 Modification to OOC Lots 1 & 5 Salem Forest IV (Sterling Lane) An OOC was issued on October 19, 1996 authorizing construction of a roadway,utility installation, grading, detention pond(s) and construction of two single family homes within the Buffer Zone of a BVW The 25' and 50' setbacks are still being upheld with this proposed modification The modification request is for revised house and driveway locations and additional details for the proposed septic systems No waivers are being requested and there are no changes to the limit of work Dave Zaloga is present and some concern was expressed regarding a driveway easement Mr Mansour that on lot 1 the 25' and 50' limits are not shown and on lot 5 the replication area shows a 25' setback and it should be greater than 25' away Some concern was expressed about the designation of lots 5 and 6 The applicant's lot 5 is the Commission's lot 61 Mr Mansour made a motion, seconded by Ms Wescott,to deny the modification The vote of the Commission was unanimous (John Mabon arrived at 7 25 p in) Ratification of Enforcement Order—815 Turnpike Street Mr LaGrasse is requesting the Commission ratify the Enforcement Order he issued to 815 Turnpike Street, Willows Racquet Club The EO was issued to clean up a violation Mr. LaGrasse stated he has a meeting set up for tomorrow with the violator to review everything Mr Lynch inquired if the fine is still accruing and Brian answered yes Mr Manzi stated he thinks the fines should run their course, money is a great motivator On a motion by Mr Lynch, seconded by Ms Feltovic,the Commission voted unanimously to ratify the Enforcement Order for 815 Turnpike Street. 242-297 COC 242 Foster Street(John& Judy Chmielecki) An OOC was issued on 9/18/85 authorizing the construction of a single family dwelling and septic system within the Buffer Zone of a BVW The office is in receipt of a stamped letter from a P E and stamped as-builts certifying compliance with the OOC Ms Martin has visited the site many tunes, it is stable and she recommends the Commission issue a COC On a motion by Mr Masse, seconded by Ms Feltovic, the Commission voted unanimously to issue the COC for DEP #242-297 242-935 Minor Modification 69 So Bradford Street(Cuscia) Hancock Env An OOC was issued on 11/5/98 authorizing the construction of a single family dwelling within the buffer zone of a BVW in the Lake Cochichewick watershed The 50' No Construction Zone is not being upheld with this proposed modification The deck hangs over the 50' No Construction Zone, sono tubes are not shown on the plan and the stamped plans are not satisfactory They are drawn on graph paper, in pencil to scale. Ms. Parrino is redoing the plans to stay out of the 50' No Construction Zone and on CAD She is bringing them in today Ms Parrino stated the proposal is for a deck request @ 50' 4" The house is framed, the windows are in and the stone wall installed Mr Lynch suggested that the piers for the deck are in just a little Mr Mabon stated the applicant is very close at 50' 4" and he would like to see a setback on the plans Mr Mansour stated fair warning is given Mr Masse made a motion, seconded by Ms. Feltovic, to continue the public hearing due to the 50' setback not being not being shown on the plan Mr Mabon wants to see the distance from the wetland line to the deck Mr Lynch would like it shown where the stairs are to be located. Mr. Masse wanted it confirmed that new plans were only submitted today and Ms Parrino said"yes" The vote to continue was 4-2-0 Discussion of 242-721 and 242-683 (Pinewood and Foxwood)(R Martin) This discussion was tabled Eleanor Rockwell was present Appropriation of Filing Fee funds for a wetland course Ms Martin is asking the Commission to appropriate $1600 for a wetland class to be held by Seekamp Environmental The $1600 fee will be divided up amongst whoever attends and the Filing Fee Account will be reimbursed for their share Beth Wescott,Joseph Lynch and Deb Feltovic are interested in attending along with Richelle Martin, Brian LaGrasse, Sandy Starr,Tim Willette and Heidi Griffin On a motion by Mr Masse, seconded by Ms Wescott,the Commission voted unanimously to approve the $1600 expenditure from the Filing Fee Account. Decisions: 242-977 Lot 4#28 Nadine Lane (Jay Healey) West Environmental Ms Martin had a draft OOC prepared for the Commission's review On a motion by Mr Mansour, seconded by Ms Wescott,the Commission voted unanimously to approve, as amended, the OOC for DEP#242-977 242-975 Lot 7 Chestnut Street(Ralph Joyce) Wetlands Pres, Inc Ms Martin had a draft DENIAL FOR LACK OF SUFFICIENT INFORMATION prepared for the Commission's review As they were reviewing the draft OOC, Mr Lynch wanted the words NO WORK IS TO BE PERFORMED to be bolded On a motion by Mr. Lynch, seconded by Mr Masse,the Commission voted unanimously to approve, as drafted and amended, the OOC for DEP #242-975 242-976 Lot 8 Chestnut Street(Ralph Joyce) Wetlands Pres, Inc Ms Martin had a draft DENIAL FOR LACK OF SUFFICIENT INFORMATION prepared for the Commission's review As they were reviewing the draft OOC, Mr Lynch wanted the words NO WORK IS TO BE PERFORMED to be bolded On a motion by Mr Mansour, seconded by Ms Feltovic, the Commission voted unanimously to approve, as drafted and amended, the OOC for DEP #242-976 Public Hearings (8:00 p.m.) Request for Determination of Applicability 230 Abbott Street Map 38, Lot 108 (ManoJ MunJal) (N E Eng)cont fr 8/4/99 This was continued from the last public hearing because Ms Martin had made dramatic changes to the wetland line in the field and Mr Osgood's crew still needed to survey the new flag locations so he could determine whether or not an RDA was still appropriate New plans were delivered to the office late today and Mr Osgood is present this evening stating that he is Just trying to keep the cost to his client at a minimum—it is about $1500 to file an NOI Mr Mansour made a motion, seconded by Ms Feltovic, to continue the public hearing at the 9/l/99 meeting due to the fact that plans were Just received today The vote of the Commission was 4-1-0 Notice of Intent(s) 242-973 Lot D Mill Road(J T & C Const Corp) (N E Eng) contt 814199 The office received revised plans from BenJi Tuesday, August 17 at 4 30p.m Ms Martin has not had time to review them and Chessia has not received them yet Mr. Osgood is present and stated he submitted revised plans to Chessia, but the issues are not worked out yet Mr Osgood stated the drainage was re-routed to the culvert and the culvert does not run over in a 2 year storm Minor technical changes were made to the plan and Mr Osgood stated he wants to meet with Ms Martin in an effort to keep things moving Ms Wescott wants the new plans stamped Mr Masse made a motion, seconded by Ms Feltovic, to continue the public hearing, at the applicant's request, until the 9/l/99 meeting The vote of the Commission was unanimous 242-966 351 Willow St (Bake `n Joy Foods) Neve Assoc cont fr 814199 Brian issued an Enforcement Order mandating cleanup of yard waste in the No Disturbance Zone Bake `n Joy has cleaned up the yard waste and is clear on how to dispose of yard waste in the future At the last meeting Mr Lynch raised the issue of the concrete pad and nitrogen tank Ms Martin stated that she investigated and found that it was not included in the original OOC,but Mike Howard did sign off on the installation in January of this year The office has received comments from John Chessia,his review is satisfied he has no further issues Ms Martin recommends the Commission close the public hearing and issue a decision within 21 days On a motion by Mr Masse, seconded by Ms Feltovic,the Commission voted unanimously to close the public hearing and issue a decision within 21 days 242-968 740 Turnpike St(Atlantic Realty Trust) Merr Eng cont fr 814199 Bob Daley is present this evening requesting a continuance until 9/l/99 in order to review the issues from Coler& Colantonio On a motion by Ms Feltovic, seconded by Mr Lynch,the Commission voted unanimously to grant the continuance until the 9/1/99 meeting 242-978 Lot 5, #50 Wald Rose Dr (Susan Blane) Wetlands Preservation, Inc Ms Martin stated this was continued from the last meeting because the Commission required the applicant to submit revised plans depicting the 50' No Construction Zone on the Plan of Record They were submitted appropriately and Ms Martin recommends the Commission close the public hearing and issue a decision within 21 days. On a motion by Mr Masse, seconded by Mr Lynch, the Commission voted unanimously to close the public hearing and issue a decision within 21 days 242-979 Lot 9 Boxford Street/next to 501 Boxford Street (M Pouliot-Coulouras) The applicant sent out the MA Wetlands Protection Act abutter notification which does not comply with the Bylaw Ms Martin spoke with the applicant and told him to re- notivy the abutters using the legal notice as it gives the proper information There are no abutters present Mr Masse stated that the notice sent to the abutters was proper under the State Act only Mr Masse read the legal notice to open the public hearing under the Act only and then suggested that both public hearings be continued until 9/1/99 On a motion by Mr Masse, seconded by Ms Feltovic, the Commission voted unanimously to continue the public hearings until 9/l/99 242-980 332 Hillside Road(Peter Calderazzo) This item will not be heard this evening due to incompleteness The applicant will re- notify abutters should another application be filed Decisions: 242-978 Lot 5 450 Wild Rose Drive (Susan Blane) Wetlands Pres, Inc Ms Martin had a draft OOC prepared for the Commission's review On a motion by Mr Lynch, seconded by Ms Feltovic,the Commission voted unanimously to approve, as drafted,the OOC for DEP #242-978 Adjournment: On a motion by Ms Wescott, seconded by Ms. Feltovic,the Commission voted unanimously to adjourn the meeting r